What Is Common Property and Who Maintains It?

A Detailed Guide for NSW Self-Managed Strata Schemes

Understanding what is — and isn’t — common property is one of the most important responsibilities of a strata committee.

It affects:

• who pays for repairs
• who must maintain structural and safety items
• insurance coverage
• renovation approvals
• compliance obligations
• dispute resolution

For self-managed schemes, getting this wrong can lead to invalid decisions, unfair costs, and even legal or insurance issues.

This guide breaks down the rules clearly and helps committees avoid the confusion that often surrounds maintenance responsibilities.

1. What Is Common Property?

The official legal rule is simple:

Common property is everything that is not part of a lot, unless the strata plan says otherwise.

Under the Strata Schemes Development Act 2015 (NSW), lot boundaries are typically the inner surfaces of the walls, floors, and ceilings.

Everything beyond those surfaces — structure, services, external areas — is common property.

2. Common Property in Practice: What It Usually Includes

While every strata plan can differ, most schemes treat the following as common property:

Structural Components

• External walls
• Load-bearing walls
• Floors and slabs
• Roofs and roof membranes
• Balconies (structure and railings)
• Foundations

Building Systems & Services

• Electrical wiring serving more than one lot
• Plumbing (except inside a lot’s boundary)
• Fire safety systems (detectors, alarms, hydrants)
• Communications cabling (NBN backbone)
• Hot water systems servicing multiple lots

Exterior Areas

• Driveways
• Gardens, lawns, landscaping
• Car parks
• Paths, stairs, ramps

Windows and Doors

• Window frames
• Window sashes
• External doors and door frames
• Waterproofing around openings

Facilities

• Lifts
• Pools
• Common laundries
• Bin rooms
• Foyers and hallways

These items affect the building’s structural integrity, safety, and shared access — so they must be maintained by the Owners Corporation.

3. What Belongs to the Lot Owner?

Lot owners are generally responsible for:

• paint on internal walls
• carpet, laminate, or internal floor coverings
• internal doors
• internal non-structural walls
• kitchen appliances and cabinetry
• bathroom vanities, toilets, mirrors
• internal fixtures and fittings
• blinds and curtains
• flyscreens
• air conditioners (except parts on common property)

A simple rule:

The surface you can physically touch inside your unit is usually yours.

The structure behind it is usually common property.

4. Who Is Responsible for Repairs and Maintenance?

Maintenance responsibilities follow ownership:

Owners Corporation Must Maintain:

• structure
• waterproofing
• common plumbing
• common electrical
• windows and external doors
• fire safety systems
• roofs, gutters, and downpipes
• common gardens and outdoor areas
• building services (lifts, pumps, motors, ventilation)

Lot Owner Must Maintain:

• internal finishes
• lot plumbing fixtures (taps, toilets, shower screens)
• internal repainting
• appliances and internal devices
• private improvements they installed
• responsibility assigned to them through by-law

If the Owners Corporation fails to maintain common property

It may be liable for:

• damage to a lot
• safety hazards
• regulatory breaches
• invalid insurance cover

This is one of the most important legal obligations under NSW strata law.

5. Exclusive-Use Areas Still Count as Common Property

Courtyards, balconies, terraces, car spaces, or garden areas granted as exclusive use remain:

common property owned by the Owners Corporation.

Exclusive use only grants usage rights, not ownership.

Maintenance responsibilities depend on:

• the registered exclusive-use by-law, or
• default responsibilities under the Act

In most cases:

• Owners Corporation maintains structure
• Lot owner maintains day-to-day cleaning

6. Common Property Problem Areas — Examples and Who Pays

7. Renovations and Common Property

Renovations affecting common property require a formal by-law and a special resolution.

These include:

• waterproofing
• structural work
• changing floors that affect acoustics
• window replacement
• moving plumbing
• altering the appearance of external areas

Renovations inside the lot (cosmetic changes) usually do not require approval, but minor renovations require committee consent.

8. How to Check If Something Is Common Property

Self-managed committees should follow this process:

Step 1: Check the Strata Plan

Look for boundary markings.

Step 2: Apply the Surface vs Structure Rule

If you can touch it, it’s probably lot property.

If it’s inside or behind the surface, it’s likely common property.

Step 3: Assess the Building System

If it services multiple lots, it is common property.

Step 4: Check for By-Laws Transferring Responsibility

Step 5: If Still Unsure — Treat It as Common Property

This avoids legal and insurance issues.

Final Thoughts

Knowing what is common property — and who maintains it — is essential for compliant, fair, and efficient strata management.

Correct classification helps avoid disputes, protects your building structure, and ensures your insurance remains valid.

For self-managed schemes, a clear understanding of responsibilities reduces risk and keeps your scheme running smoothly.

Strata On Demand Can Help

Strata On Demand provides professional support for self-managed schemes across NSW, offering 30+ services designed to simplify your workload, reduce risk, and deliver professional documentation without the cost of a full-service strata manager.

No contracts. No full-service strata manager fees.

Pay only for the services you need, when you need them.

For common property maintenance, classification, and repair decisions, these are the five most relevant services we offer:

1. Compliance Health Check

Identifies incorrect maintenance responsibilities, missing statutory records, and common property risks before they become expensive problems.

2. By-Law Drafting, Lodgement & Review

Essential for renovations, responsibility transfers, exclusive-use areas, or clarifying maintenance obligations.

3. Quote Request Coordination

Perfect for sourcing multiple quotes for common property repairs such as waterproofing, window repairs, structural issues, roofing, or drainage.

4. Work Order Management

We coordinate repairs from start to finish — issuing work orders, managing contractor access, following up, and confirming completion.

5. AGM / EGM Agenda Drafting

For motions related to common property repairs, by-laws, major works, or allocating responsibility between the scheme and owners.

If your scheme needs clarity around common property or help managing common property repairs, contact Strata On Demand now.